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HomeMy WebLinkAbout1997-11-21 Dennis O'Donnell Affidavit o �K 4 . �. BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Paul B. Double Chair Lea De Souza Speeter Vice Chair Andrew D. Hultgren Vice Chair Myra Peterson Ex- Officio Member Dave Engstrom Ex- Officio Member IN THE MATTER OF THE PETITION FOR THE ) ANNEXATION OF CERTAIN LAND TO THE CITY ) AFFIDAVIT OF OF OAK PARK HEIGHTS PURSUANT TO ) DENNIS O'DONNELL MINNESOTA STATUTES 414 ) I, Dennis O'Donnell, being first duly sworn state and depose as follows: That the Washington County Office of Health, Environment and Land Management assisted Baytown Township with its revised comprehensive plan and I was the County Planner assigned to assist the Township. This plan was adopted by the Town Board on February 3, 1997. The Township originally adopted a comprehensive plan in accordance with the Metropolitan Land Planning Act on December 7, 1981. As a result of development pressures in the Township, the Township felt the comprehensive plan needed to be updated and began the undertaking in the early part of 1995. Washington County was at the same time updating its comprehensive plan. . As part of the planning process, the Township Planning Commission, Town Board and community residents participated in a visioning process discussing what they like about the Township presently and how they would like to have their community look in the future. A draft plan was ultimately prepared and public hearing held on October 23, 1995. Prior 1 to the public hearing, a copy of the plan was circulated to all surrounding communities including the City of Oak Park Heights and the City of Lake Elmo. Shortly after the public hearing, the Town Board approved the plan for submission to the Metropolitan Council. The Metropolitan Council approved the Township plan on November 1, 1996. As part of the planning process we reviewed and considered existing land use in the Township, environmental and natural features of the Township such as soils, topography and wetlands. Population, households and employment trends were also reviewed. We also reviewed existing plans and zoning for adjoining communities. After reviewing all the background information and other issues, the Planning Commission and Town Board developed goals and policies to guide and direct growth in the Township. Ultimately a future land use plan was prepared that specifies the use of land and the allowable development density. The Township worked very closely with Washington County during the time the Washington County Comprehensive Plan was being revised and updated. As a result, the Township and County plans are consistent and in accord with one another. In general, the overall goals of the Township are as follows: protect and preserve the rural character of the Township; retain low density single family residential and the rural character of the Township; protect and preserve the existing environmental and natural features of the Township; prevent flooding and erosion from surface run -off; protect water supply wells; and preserve open space by utilizing cluster residential development. Several land use categories were set forth in the plan. These districts were established by considering the existing pattern of development, existing land use, natural features, and soils. 2 The maximum permitted housing densities were also established. The districts are as follows: commercial food production (1 home per 40 acres); agricultural (1 home per 10 acres); rural residential (1 home per 5 acres); and single family estate (1 home per 2.5 acres). A commercial area was retained and a transition area proposed adjacent to Bayport City limits. In regard to property west of State Highway 5 currently proposed to be annexed by Oak Park Heights, a portion of this property is within the commercial land use district while the remainder is in rural residential district. The area identified as commercial encompasses what is referred to as Kern Center. This particular area has been zoned commercial since at least 1972. In the more recent past this property was formally subdivided and platted for commercial purposes. During the platting process, stormwater management was a major concern and subsequently an overall stormwater management plan was developed and implemented. Also of concern were soils since on -site septic systems would be used. Soil testing was completed and found suitable for the installation of on -site septic systems. Also of concern was the type of business permitted and concerns about - the potential for groundwater contamination. As a result, it was decided all commercial businesses would be required to apply for a conditional use permit. At the time of conditional use permit consideration, the Town and County would then determine if the proposed use was suitable utilizing an on -site septic system. Again, this area was zoned commercial since the early 1970's. Some discussion took place about expanding the commercial area, however there did not appear to be the need or demand. Further, there were traffic concerns with State Highway 5. The remainder of the land west of Highway 5 is shown in the rural residential district 3 which would allow a housing density of one home per-five acres. Previously, this area had an agricultural zoning designation with a permitted housing density of one home per ten acres. Soils in this area for the most part are suitable for the installation of on -site septic systems. Given the existing patterns of development, the desire to protect natural resources, limit stormwater run -off, traffic concerns on State Highway 5 as well as providing property owners reasonable use of their property, this property was planned for rural residential uses. As mentioned, the Township plan was submitted to all adjoining communities prior to submission to the Metropolitan Council. We had discussions and meetings with the City of Bayport. The other adjoining communities did not respond, therefore it was assumed they had no concerns with the plan and felt what was proposed was compatible with their planning efforts. We knew of no plans for further expansion of the Oak Park Heights boundaries into Baytown Township. Further, throughout the entire Washington County comprehensive planning process, the City of Oak Park Heights did not object or have any concern with the County Comprehensive Plan. Again, the Town and County plans are consistent. If an objection or concern would have - been raised, or if the City of Oak Park Heights would have had specific plans for an area, the Town would have tried to work with the City for a well thought out development strategy beneficial to both communities. Traffic, open space, stormwater management among other issues are items that would need to be closely examined in any development strategy and are of great concern to Baytown Township. 4 FURTHER YOUR AFFIANT SAYETH NO Dated: l/ /Z / /9 _ _ _ 4/ Dennis O'Donnell Subscribed and sworn to before me this , '" r— day of November, 1997. 'w__ Notary Public T _� • T Y ■ ' NyrCsMa - .2000 31, 2000 Ovvvvvvv 5